Page:Federal Reporter, 1st Series, Volume 8.djvu/157

CNITED. BTATES V. SPIEL. 143 ���United Btatbs v. Spiel, Adm'r, etc. {piatrict Court, D. Minnesota. August 15, 1881.) �1. Statutes of Limitations. �State statutes of limitations do net run against daims of the TJnited States. �2. Gen, St. MrNN. c. 77, } 1, and c. 6.3, } 19— Joint Judoments. �By chapters 77, ^ 1, and 53, J 19, Gen. 8t. Minn., a joint judgment against the deceased and others, obtained during iiis life-time, may, upon his deatb, be prosecuted against his representative alone. �Demurrer to Complaint. �H. F. Masterson, for demurrer-. �W. W. Billson, U. S. MVy, cotitra. �Nelson, D. J. Thia suit is brought upon a judginent obtained against David Eohrer, administrator of the estate of Henry Tilden, deceased, J. C. Kamsey, Benjamin F. Hoyt, Louis Roberts, James McBoal, D. F. Brawley, David L. Fuller, and B, W. Brunson, Janu- ary 5, 1857. The administrator of J. C. Eamsey alone is nqw sued, and a demurrer is interposed by him to the complaint. The ques- tions in the case raised on the demurrer are whether the action can be maintained against the representative of the deceased debtor alone; and, further, is the action barred by the statutes of Minnesota limiting the time when actions upon judgments can be brought to 10 years ? The judgment was rendered against all the parties above named, and in the complaint appears to be a joint one. In my opinion (1) the statute of limitations of the state of Minnesota does not run against the United States whether the claim resta in judg- ment or not; (2) by the oommon law, on the death of Eamsey the suit upon the judgment could be brought only against the survivors. �By the statutes of Minnesota (see chapter 77, § 1, and chapter 53, § 19, Gen. St. Minn.) the estate of Eamsey is liable; and, although the judgment is joint, the liability is the same as if the judgment had been against him alone. Again, the judgment against the adminis- trator of Eamsey -would be de bonis testatoris, while against the sur- viving joint deb!ors it should be de bonis propriis. It would aeem to follow, then, that the action must be brought againat the adminis- trator of Eamsey separately, and he cannot be joined with the sur- viving obligors. It is unnecessary, however, to go to this estent to siistain the complaint in thia action, for the liability of the estate is fixed by the statute. �Demurrer overruled, with leave to answer in 20 days. ��� �